Identity theft - 18 Pa. Cons. Stat. § 4120

§ 4120. Identity theft.(a) Offense defined.--A person commits the offense of
identity theft of another person if he possesses or uses,
through any means, identifying information of another person
without the consent of that other person to further any unlawful
purpose.
(b) Separate offenses.--Each time a person possesses or uses
identifying information in violation of subsection (a)
constitutes a separate offense under this section. However, the
total values involved in offenses under this section committed
pursuant to one scheme or course of conduct, whether from the
same victim or several victims, may be aggregated in determining
the grade of the offense.
(c) Grading.--The offenses shall be graded as follows:
(1) Except as otherwise provided in paragraph (2), an
offense under subsection (a) falls within the following
classifications depending on the value of any property or
services obtained by means of the identifying information:
(i) if the total value involved is less than $2,000,
the offense is a misdemeanor of the first degree;
(ii) if the total value involved was $2,000 or more,
the offense is a felony of the third degree;
(iii) regardless of the total value involved, if the
offense is committed in furtherance of a criminal
conspiracy as defined in section 903 (relating to
criminal conspiracy), the offense is a felony of the
third degree; or
(iv) regardless of the total value involved, if the
offense is a third or subsequent offense under this
section, the offense is a felony of the second degree.
(2) When a person commits an offense under subsection
(a) and the victim of the offense is 60 years of age or older
or a care-dependent person as defined in section 2713
(relating to neglect of care-dependent person), the grading
of the offense shall be one grade higher than specified in
paragraph (1).
(d) Concurrent jurisdiction to prosecute.--In addition to
the authority conferred upon the Attorney General by the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, the Attorney General shall have the authority to
investigate and to institute criminal proceedings for any
violation of this section or any series of such violations
involving more than one county of this Commonwealth or another
state. No person charged with a violation of this section by the
Attorney General shall have standing to challenge the authority
of the Attorney General to investigate or prosecute the case,
and if any such challenge is made, the challenge shall be
dismissed and no relief shall be made available in the courts of
this Commonwealth to the person making the challenge.
(e) Use of police reports.--A report to a law enforcement
agency by a person stating that the person's identifying
information has been lost or stolen or that the person's
identifying information has been used without the person's
consent shall be prima facie evidence that the identifying
information was possessed or used without the person's consent.
(e.1) Venue.--Any offense committed under subsection (a) may
be deemed to have been committed at any of the following:
(1) The place where a person possessed or used the
identifying information of another without the other's
consent to further any unlawful purpose.
(2) The residence of the person whose identifying
information has been lost or stolen or has been used without
the person's consent.
(3) The business or employment address of the person
whose identifying information has been lost or stolen or has
been used without the person's consent, if the identifying
information at issue is associated with the person's business
or employment.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Document." Any writing, including, but not limited to,
birth certificate, Social Security card, driver's license,
nondriver government-issued identification card, baptismal
certificate, access device card, employee identification card,
school identification card or other identifying information
recorded by any other method, including, but not limited to,
information stored on any computer, computer disc, computer
printout, computer system, or part thereof, or by any other
mechanical or electronic means.
"Identifying information." Any document, photographic,
pictorial or computer image of another person, or any fact used
to establish identity, including, but not limited to, a name,
birth date, Social Security number, driver's license number,
nondriver governmental identification number, telephone number,
checking account number, savings account number, student
identification number, employee or payroll number or electronic
signature.
(May 22, 2000, P.L.102, No.21, eff. 60 days; June 19, 2002,
P.L.430, No.62, eff. 60 days)
2002 Amendment. Act 62 amended subsecs. (a), (b), (c) and
(f) and added subsec. (e.1).
2000 Amendment. Act 21 added section 4120.
Cross References. Section 4120 is referred to in section
3311 of this title; sections 8315, 9720.1 of Title 42 (Judiciary
and Judicial Procedure).